CRITICAL ASPECTS OF THE SANCTIONING REGIME OF ADMINISTRATIVE CONTRACTS

Authors

  • Rosa Fernanda Gomez-Gonzalez Pontifical Catholic University of Valparaiso, Chile

DOI:

https://doi.org/10.29393/RD249-2ACRG10002

Keywords:

sanciones contractuales, multas, ius puniendi, régimen jurídico, Derecho público, incumplimiento, potestades exorbitantes, discrecionalidad

Abstract

The purpose of this paper is to analyze, in general terms, the contractual sanctioning regime in Chile, highlighting the most relevant critical aspects. The study maintains that both the regulation of sanctions in administrative rules and contracts, as well as their application, given their nature as adverse administrative acts, must comply with the legal framework of public law. Therefore, a series of principles, rights, and guarantees of that nature must be applied, such as the need for contradiction, proportionality, and appealability.

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Published

2021-06-30

How to Cite

Gomez-Gonzalez, R. F. (2021). CRITICAL ASPECTS OF THE SANCTIONING REGIME OF ADMINISTRATIVE CONTRACTS. University of Concepción Law Review, 89(249), 47-85. https://doi.org/10.29393/RD249-2ACRG10002

Issue

Vol. 89 No. 249 (2021)

Section

Artículos

Copyright (c) 2021 Universidad de Concepción

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